"On January 22, 2005, Inuit from communities throughout northern and central Labrador gathered in a school gymnasium to witness the signing of the Labrador Inuit Land Claim Agreement and to celebrate the long-awaited creation of their own regional self-government of Nunatsiavut. This historic Agreement defined the Labrador Inuit settlement area, beneficiary enrollment criteria, and Inuit governance and ownership rights.
Provisions of the agreement cover such matters as Inuit eligibility & enrolment, land & non-renewable resources, water management & water rights, ocean management, economic development, projects in the Voisey's Bay area, national parks & protected areas, land use planning, environmental assessment, wildlife & plants, fisheries, archaeology & other cultural resources, place names, self-government, fiscal financing agreements, capital transfers, taxation, dispute resolution, and ratification & implementation of the agreement.
Peaceful Maritime Engagement in East Asia and the Pacific Region includes contributions from the most influential figures in the law of the sea to provide context and direction for developing maritime governance in East Asia and the Pacific Ocean. Peaceful management of disputes includes cooperation over deep seabed mining, negotiations for a legally binding instrument on biodiversity beyond national jurisdiction, contending approaches to baselines and East Asia maritime boundary disputes, freedom of navigation and maritime law enforcement. Chapters also explore new interpretations for preservation of the marine environment and the special problems posed by marine plastics and nexus between the ocean and climate change.
Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.
The Nunavut story told in this book by authors who have all been involved with Nunavut and Inuit politics for a very long time is an important one for indigenous peoples around the world - and for anyone interested in indigenous issues. Stressing the political dynamics of the beginning of Nunavut's autonomous life, the authors provide a clear and accurate account of a remarkable political process. Following an introductory focus on three fundamental questions: Why did Nunavut come to life, what are the challenges and opportunities to come, and what is to be learned from this experience? - the book continues with an investigation of Nunavut, its history and structure and the most recent developments and their impact on the people of Nunavut.
Inuit have lived in Canada's north since time immemorial. The Canadian government's administration of Inuit affairs, however, has been generally shorter and is less well understood than the federal government's relations with First Nations and Métis. We hope to correct some of this knowledge imbalance by providing an overview of the federal government's Inuit policy and program development from first contact to 2006. Topics that are covered by this book include the 1939 Re Eskimo decision that gave Canada constitutional responsibility for Inuit, post World War II acculturation and defence projects, law and justice, sovereignty and relocations, the E-number identification system, Inuit political organizations, comprehensive claim agreements, housing, healthcare, education, economic development, self-government, the environment and urban issues. In order to develop meaningful forward-looking policy, it is essential to understand what has come before and how we got to where we are. We believe that this book will be a valuable contribution to a growing body of knowledge about Canada-Inuit relations, and will be an indispensable resource to all students of federal Inuit and northern policy development.
In Canada's Eastern Arctic and Greenland, the Inuit have been the majority for centuries. In recent years, they have been given a promise from Canadian and Danish governments that offers them more responsibility for their lands and thus control over their lives without fear of being outnumbered by outsiders. The Arctic Promise looks at how much the Inuit vision of self-governance relates to the existing public governance systems of Greenland and Nunavut, and how much autonomy there can be for territories that remain subordinate units of larger states. By means of a bottom-up approach involving cultural immersion, contextual, jurisprudential, and historical legal comparisons of Greenland and Nunavut, The Arctic Promise examines the forms, evolution, and scope of the right to autonomy in these Arctic jurisdictions. Loukacheva argues that the right to autonomy should encompass or protect Inuit jurisdiction in legal systems and the administration of justice, and should allow the Inuit direct participation in international affairs where issues that affect their homelands are concerned. The Arctic Promise deals with areas of comparative constitutional law, international law, Aboriginal law, legal anthropology, political science, and international relations, using each to contribute to the understanding of the right to indigenous autonomy.
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.
